Author Archives: asknod

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About asknod

VA claims blogger

COVA–Bentley–The First CUE Case

Posted on September 27, 2011 by asknod

We have discussed CUE (Clear and Unmistakable Error) many times but few Vets know how and why it exists. It is another one of those blessings bestowed on us by a grateful nation for our service. Just as we are … Continue reading →

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CAVC–Frederick v. Shinseki 2011– Don’t mess with Ruth

Posted on September 27, 2011 by asknod

Allow me to introduce you to one Ruth Hill Frederick. She is not the lady you would want to attempt to assault. Snatching her purse might be akin to overcoming the Gordian knot with no sword. I wouldn’t doubt she … Continue reading →

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CAVC–George v. Shinseki (2011) SJD–Telling Fibs at the Big House

Posted on September 27, 2011 by asknod

This is an illuminating case for several different reasons.  Veterans with HCV have been availing themselves of our limited resources now for three years and we have never illustrated what happens when you get caught stretching the truth up at … Continue reading →

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COVA– Littke v. Derwinski (1990)–Original Duty to Assist

Posted on September 27, 2011 by asknod

In our continuing series on Oldies But Goldies, we were researching where a completely new concept of VA law originated on evidence and remembered this gem. Mr. Harold E. Littke, although the decision doesn’t mention it, was probably a Veteran … Continue reading →

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CAVC–Clemons v. Shinseki (2009)–Not an M.D.

Posted on September 27, 2011 by asknod

Clemons v. Shinseki is a marvelous piece of work. I’m sure Eric the clueless wasn’t entirely enthralled with the outcome, but that is neither here nor there. Bill Clemons simply reinforces Espiritu v. Derwinski from our point of reference. Mr. William … Continue reading →

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COVA–Cartwright v. Derwinski(1991)–In the beginning…

Posted on September 27, 2011 by asknod

      This is a post about the early days of the COVA. The decision is still quoted and cited so I decided to put it in to illustrate where our unique law came from.   In our dissertation on  Gilbert … Continue reading →

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CAVC–Harvey v. Shinseki- ORDER (And Be Quick About It)

Posted on September 27, 2011 by asknod

     While we here at Asknod rarely involve ourselves in VA Policy, we are starting to observe a sentiment emanating down from the Court to the BVA, and, by extension, its minion, the AOJ. The Court is a deliberative body … Continue reading →

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CAVC–Mayhue v. Shinseki (2011) Attempted Horsetrading

Posted on September 27, 2011 by asknod

 This decision came out several days ago and caught our eye here at the Nod site. The findings aren’t earth shattering, but do illuminate a regulation that is now starting to get more attention.       Vets may remember that … Continue reading →

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CAVC–Buckzynski v. Shinseki (2011)–New Interpretations of 38 CFR

Posted on September 27, 2011 by asknod

 1/11/11 Hot off the presses, this was released yesterday. It is interesting and a good read , but doesn’t set any earth-shattering precedents like Groves and Vigil did. What it does do is spank the VASEC  once again for his … Continue reading →

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CAVC–Savage v. Shinseki 1/04/11–Post Hoc Rationalizations

Posted on September 27, 2011 by asknod

God,  I just love it when the Court tells the VASEC that reinterpreting the rules is not a defense for screwing Vets, nor is coming up with a new excuse after getting caught cheating: The Secretary is, of course, free … Continue reading →

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